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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Asian Journal of Management, Entrepreneurship and Social Science
Patricia Audrey
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Application of Article 20 of Law Number 27 of 2022 concerning Protection of Personal Data in Company E-Commerce As a Personal Data Controller in Processing Personal Data (Case Study at PT. Bukalapak.com Tbk) Tio Reza Aditya Cholid; Afifah Kusumadara; Patricia Audrey
Asian Journal of Management, Entrepreneurship and Social Science Vol. 4 No. 04 (2024): Upcoming issues, Asian Journal of Management Entrepreneurship and Social Scien
Publisher : Cita Konsultindo Research Center

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Abstract

Protection of individual personal data has become part of the state's constitutional obligations which have been regulated in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia, and the Republic of Indonesia has made efforts by passing Law number 27 of 2022 concerning Personal Data Protection . Provisions regarding the mechanism and technicalities of positive consent are not yet clearly regulated in the Personal Data Protection Law, but this has been regulated in the General Data Protection Regulation (GDPR) which applies in Europe, which is the reference for the Indonesian Government in drafting the Personal Data Protection Law. The obstacle faced by Bukalapak in implementing article 20 is because there are no technical instructions issued by the government, either in the form of statutory regulations or through training or seminars.
TREATMENT OF ELECTRONIC EVIDENCE AFTER A JUDGE'S DECISION WHICH HAS PERMANENT LEGAL FORCE IN CRIMINAL CASES Fanidia Tumanggor; Faizin Sulistio; Patricia Audrey
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4362

Abstract

Advances in information and communication technology have significantly influenced legal developments, particularly in the area of ​​evidence in criminal justice processes. The use of electronic evidence as evidence in various criminal cases poses challenges related to the clarity and adequacy of the legal framework in Indonesia. This study aims to examine the extent to which Indonesian law accommodates the existence of electronic evidence and how judges determine its legal status and treatment after a criminal verdict has become final and binding. The study focuses on the question of whether it is sufficient to seize electronic data together with the electronic device or whether a normative separation between the physical device and the electronic data within it is necessary, as is the practice in the Netherlands and France. In this context, it is important to analyze whether existing legal provisions provide legal certainty and strike a balance between the interests of law enforcement and the protection of individuals' rights to personal data, information, and/or electronic documents contained in seized electronic devices. Through a normative juridical and comparative legal approach, this study finds that legal regulations in Indonesia do not specifically regulate the treatment of electronic data in court decisions. Therefore, regulatory reform is needed to ensure the protection of each individual's constitutional rights and strengthen the integrity of the evidentiary system in electronic-based criminal cases.
Co-Authors Afifah Kusumadara Faizin Sulistio Fanidia Tumanggor Tio Reza Aditya Cholid